Buying a flat or house on the Costa del Sol does not necessarily mean having to make several trips to Spain, signing every document in person or speaking Spanish. A significant part of the process can now be carried out remotely – from viewing and reserving the property, through to the legal due diligence, right up to the finalisation of the purchase by a proxy.
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This solution is also becoming increasingly important for Poles. In the first half of 2026, our compatriots bought 2,269 houses and flats in Spain, which is nearly 9 per cent more than in the previous year. This was the best result on record when comparing the first halves of successive years.
It is worth bearing one rule in mind, however: buying remotely does not mean buying without formalities. On the contrary – the fewer steps we carry out in person on site, the more important it is to have a properly executed power of attorney, a legal analysis of the property and a clear definition of the booking terms.
The purchase of property in Spain can be carried out without the buyer being physically present at most stages – and, in a properly prepared transaction, even at all stages requiring action to be taken in Spain.
In practice, the process may begin with a conversation with an estate agent and the selection of a property based on detailed documentation, photographs, floor plans and a video presentation. This can be followed by remote negotiations with the seller, the submission of an offer and the reservation of the property.
At a later stage, an independent law firm can take over a significant portion of the paperwork. Documents relating to the transaction may be signed in person or by a representative. The deed of sale may be signed before a notary by the buyer’s representative, such as a lawyer acting on their behalf. This means that you can still become the owner of a flat in Marbella, Estepona or Benahavís even if you are unable to travel to Spain by the deadline set for finalising the transaction.
The most important document enabling the entire process to be carried out without the buyer being present is a notarised power of attorney.
They may be drawn up directly in Spain, before a Spanish notary, at the relevant Spanish consular post, or before a notary in the buyer’s country of residence. If the document has been drawn up outside Spain, care must be taken to ensure it is in the correct form, including – where required – an Apostille and a translation into Spanish.
The scope of the power of attorney should correspond to the actions that are actually to be carried out. A lawyer may, amongst other things, represent the buyer when signing documents, carry out some of the administrative and tax formalities, and a duly authorised representative may also submit an application for an N.I.E. number.
The Spanish Ministry of the Interior confirms that an application for an N.I.E. relating to a foreign national’s economic interests may be submitted in Spain by a duly authorised representative. This means that the buyer does not have to travel to Spain solely for the purpose of carrying out every administrative procedure in person.
Knowledge of Spanish is not a prerequisite for buying property in Spain. However, a distinction must be made between a lack of knowledge of the language and a lack of understanding of the documents being signed. The latter would be unacceptable in such an important transaction.
Legal and notarial documents are primarily drawn up in Spanish. This also applies to the *Escritura de compraventa*, i.e. the deed formalising the completion of the sale before a Spanish notary.
However, Spanish notarial regulations provide for situations where a party to a transaction is a foreign national who does not speak Spanish. If the notary speaks the client’s language, they may explain the content of the document to them in that language. If they are unable to do so, an interpreter may be present during the transaction to ensure that the buyer correctly understands the content and implications of the document being signed.
Therefore, a lack of knowledge of Spanish should not be a barrier. In practice, it is a great help to work with a Polish-speaking agent and an independent law firm that can communicate with the client in Polish whilst handling the formalities in Spain. On our blog, we highlight, amongst other things, the possibility of working with independent law firms in Andalusia that offer Polish-speaking support.
The booking itself can be carried out remotely. For overseas clients, this involves video presentations, the electronic transfer of documentation and bank transfers of the booking deposit. Agnes Inversiones regularly carries out this type of remote transaction for international clients.
This is particularly important in the premium property market, where an attractive property may be snapped up before a prospective buyer has even had a chance to book a flight to Málaga.
However, this does not mean that it is worth booking a property based solely on a few photos from the internet. A professional online presentation should allow you to view not only the interior of the flat or house, but also the view from the terrace, the communal areas, the garage, the surroundings of the development and the immediate neighbourhood. In the case of properties on the secondary market, an independent technical inspection is also a good idea.
It is essential to distinguish between reserving a property and carrying out a full legal due diligence. On the secondary market, the price and the basic terms of the transaction are usually agreed upon first. In some cases, a deposit is paid at the reservation stage – for example, around 6,000 euros or approximately 1 per cent of the property’s value, although the amount and terms of payment depend on the specific transaction. When buying from a developer, the reservation fee may also amount to up to around 1 per cent of the property’s value.
Before making a transfer, you should therefore be fully aware of who the money is being transferred to, on what basis, when it is refundable, and what terms and conditions are set out in the booking document.
Provisions relating to the outcome of the legal analysis of the property, the granting of a mortgage, the date of conclusion of the next contract, the fixtures and fittings included in the sale, or the consequences of one of the parties withdrawing from the contract may be particularly important.
Only once the terms of the transaction have been accepted is a detailed due diligence process carried out, covering, amongst other things, verification of the owner, mortgages and other encumbrances, details held in the Registro de la Propiedad and the Catastro, and any potential liabilities towards the owners’ association.
Some of the documentation used in the purchasing process can be handled electronically. This practice is also used for remote property bookings.
Furthermore, the EU’s eIDAS regulations stipulate that a signature cannot be denied legal effect solely on the grounds that it is in electronic form, whilst a qualified electronic signature has legal effect throughout the European Union equivalent to that of a handwritten signature.
However, one should not equate the electronic signing of the reservation document with the completion of the entire transaction. In practice, the transfer of ownership is finalised by means of an *Escritura de compraventa* before a Spanish notary. The buyer may appear in person or may be represented by a previously appointed authorised representative.
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Yes. A significant part of the process can be carried out remotely, and with a properly drawn-up power of attorney, the buyer can also be represented when finalising the transaction before a notary. However, all standard formalities remain necessary, including legal verification of the property and identification of the buyer.
Yes. There is no requirement for a foreign buyer to speak Spanish. However, they must understand the content and implications of the documents they are signing. If, at the time of the notarial deed, the buyer does not understand the language of the document and the notary is unable to explain its contents to them in a language they understand, Spanish regulations provide for the involvement of an interpreter.
Yes. A reservation can be made remotely, for example following a video presentation, via the electronic exchange of documents and the transfer of a deposit. Before paying the deposit, however, you should check the terms and conditions of the reservation, in particular the refund policy and the subsequent stages of the legal due diligence process.
Simply having a Spanish bank account is not, as a rule, a prerequisite for purchasing property; however, the method of payment and the handling of subsequent costs should be agreed before the transaction is finalised. Banks and other parties involved in the transaction may also require documentation regarding the source of the funds.
Yes. The purchase of property in Spain can be carried out remotely, without the buyer being physically present at most – and, with the right preparation, even at all – stages requiring action in Spain. You can view the property during an online viewing, agree the terms of purchase remotely and make a reservation, and appoint a proxy to sign the notarial deed.
Yes. The buyer may grant a power of attorney authorising a representative to act on their behalf during the purchase of a property in Spain. The scope of the power of attorney should specify precisely the actions the authorised representative may carry out, including – where applicable – signing the deed of sale before a Spanish notary.
Yes. A duly authorised representative may represent the buyer before a Spanish notary and sign the Escritura de compraventa on their behalf. This means the buyer does not have to travel to Spain solely to finalise the transaction.
A power of attorney can be drawn up, amongst other places, before a Spanish notary, at the relevant Spanish consular office, or before a notary in the buyer’s country of residence. If the document is drawn up outside Spain, care must be taken to ensure it is in the correct form and, where required, that it is accompanied by an Apostille and an appropriate translation into Spanish.
There is no single amount that applies to all transactions. The amount of the deposit depends on the property, the seller and the agreed terms. It may, for example, be several thousand euros or a specified percentage of the property’s price. The most important thing is to check the reservation terms before making the transfer.
This depends on the terms of the specific reservation agreement. Before paying the money, you should check in which situations the deposit is refundable and when it may be retained. The terms relating to the outcome of the legal due diligence on the property, the financing of the purchase and the withdrawal of either party are of particular importance.
A legal due diligence check is particularly important when buying remotely. It should include, amongst other things, verification of the owner, the legal title to the property, mortgages and other encumbrances, and the relevant information held in the Registro de la Propiedad. The scope of the check depends on the type of property and the specific transaction.
A NIE number (Número de Identidad de Extranjero) is required for foreign nationals for many procedures relating to the purchase and settlement of property in Spain. Under the right circumstances, some of the formalities involved in obtaining an NIE can be carried out by a duly authorised representative.
Some of the documents relating to the transaction, including those used for remote reservations, can be processed electronically. However, this does not mean that signing a reservation document online is equivalent to finalising the purchase. In practice, the transaction is finalised via an ‘Escritura de compraventa’ before a Spanish notary – either in person or through a duly authorised representative.
Yes. The purchase of property on the primary market can also be carried out largely remotely. The project documentation, reservation, subsequent contracts and payments can be handled without the client needing to be physically present in Spain. However, before making any payments, it is essential to verify the developer, the property, the documentation and the terms of each payment.
Yes. However, when buying on the secondary market, an independent analysis of the property’s legal status is particularly important. Depending on the property, it is also worth considering a technical inspection, especially if the buyer has not been able to view the house or flat in person.
A lawyer with the appropriate power of attorney can take on a significant part of the tasks involved in the transaction, including legal analysis, liaising with the parties and certain administrative formalities, and, if the scope of the power of attorney allows it, also represent the buyer when finalising the purchase before a notary. The scope of these tasks depends on the power of attorney granted.
